HomeMy WebLinkAboutOrdinance No. 19774ORDINANCE NO . ~, ~I. ~I ~ `~
AN ORDINANCE AUTHORIZING THE INSTITUTION of
PRpCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISI-
TION BY CONDEMNATION of PROPERTY INTERESTS IN
RIVER ROAD BASINS D~ E, AND F FOR THE PURPOSES
of CONSTRUCTION of SEWER IMPROVEMENTS; AND
DECLARING AN EMERGENCY.
The City Council of the City of Eugene finds that:
The City Council has authority under provisions of the City
Charter and applicable state law to institute proceedings in
f
eminent domain for the acquisition by condemnation of private
property for public purposes, including the construction and
maintenance of sanitary sewers.
The City of Eugene is in the process of constructing sewers
in the River Road Area in conformity with the Metropolitan Plan as
amended. on November 20, 1989, the Council approved the amendment
to the Capital Improvement Projects ~CIP} initiating the three ~ 3 }
year program constructing sewers in River Road,
The proposed improvements shall be in compliance with, and in
furtherance of, the plans and specifications to be prepared by the
City Engineer in accordance with provisions of Chapter 7 of the
Eugene Code, 1971, and applicable policies of the City of Eugene.
The easements and right-of--way to be acquired are located,
within design constraints, so as to disrupt each parcel affected
in as minimal a manner as possible.
4RaINJ4NCE - 1
The areas to be served by the sanitary sewers have been the
object of a development moratorium because of groundwater con
tamination. The sanitary sewers for which the easements or right-
of-ways are required address the groundwater problems by eliminat-
ing private septic systems.
The public good from the sanitary sewers far outweighs any
injury which a property owner might sustain particularly in light
of the City's obligation to provide just compensation to the
affected property owners.
The costs of delaying the project, the savings from efficient
construction .management techniques, and the need to continue to
construct sewers to comply with Environmental Protection Agency
~EPA~ Grant conditions and address the groundwater pollution
problem requires the City to act promptly to acquire the necessary
property interests for this project. Now, therefore
THE CITY 4F EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Based upon the above findings, which are incor-
porated herein by reference and hereby adopted, the City Council
of the City of Eugene does hereby find, declare, and determine it
necessary to acquire certain easements or rights-of-way interests
in portions of the parcels of real property more particularly
described on Exhibit "A" attached hereto and incorporated herein
by reference in order to construct the sanitary sewer improvements
in River Road Basins D, E, and F accordance with the design
prepared by the City Engineer and approved by the City Manager.
4RD~NANGE - 2
section 2.
The City Council does hereby direct that the City
Manager or the manager's designee shall institute negotiations with
affected property owners to acquire needed property and institute
proceedings in eminent domain for the condemnation of the other
real property interests described in Section 1, and, at least
twenty ~ 2 0 } days prior to the filing of any action for condemnation
to make a written offer to the owners or parties having an interest
therein of a stated amount as compensation therefore and far any
compensable damages to remaining property.
Section 3. The City Council further directs that the City
Manager shall obtain for the City immediate possession of real
property interests described in Section 1 if negotiations will
delay the construction of the described improvements.
Section 4. The City Council hereby declares that the improve-
menu set forth above are for a public purpose, are necessary for
the public welfare, and are authorized under the laws of the State
of Oregon and Charter and ordinances of the City of Eugene.
Section 5.
The City Council further declares that the real
property interests described in Section 1 shall be used by the City
of Eugene for public purposes at the earliest possible date and,
in any event, no later than ten years from the date this grdinance
is adopted by the Council and approved by the Mayor.
Section 6. The construction of sanitary sewers in the River
Road Area concern the public welfare and safety and therefore, an
ORaINANCE - 3
emergency is hereby declared to exist, and this ordinance shall
become effective immediately upon its passage by the City Council
and approval by the Mayor.
Passed by the City Council this
day of ~ , 1991
~~- a~ ~~-
City Recorder
Approved by the Mayor this
~ 3 day of _~~ 1991
Mayor
ORDINANCE - 4
EXHIBIT "A"
1) 17-04-13-32-00600
Duiker, Anneke
Jager, Lienie
410 Kingsbury
Eugene, Oregon 97404
2} 11-04-14-14-00600
Max, Lawrence H. & Ruby W.
Braughton and Harrel Corp.
2722 N. E. Stephens
Roseburg, Oregon 97470
3} 11-04-14-14-00100
Max, Lawrence H. & Ruby W.
Broughton and Harrell Corp.
2722 N.E. Stephens
Roseburg, Oregon 97410
4} 11-04-14-14-00800
Max Enterprises
60 Carthage Court
Eugene, Oregon 91404
5} 11-04-23-42-00500
Widenar, Marcus R.
1450 Elkay Drive
Eugene, Oregon 91404
6} 11-04-25-22-03300
Womack, Barry A. & Cl audi a A.
148 Hansen Lane
Eugene, Oregon 97404
1} 11-04-25-24-06400
Laursen Robert L. & Frances R.
137 Briarcliff Drive
Eugene, Oregon 97404
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